Precautionary Changes In The Employer’s Working Relationship Due To Coronavirus
Short Work
Pursuant to Additional Article 2 of the Unemployment Insurance Law No. 4447; employers’ general economic, sectoral or
the weekly working hours at the workplace are temporarily significantly reduced due to the regional crisis and compelling reasons
reduction or complete or partial temporary cessation of activities at the workplace, the work
short-time working for a period not exceeding 3 (three) months.
The “compelling reasons” mentioned in the article are referred to in this article and the following provisions
defined under the Regulation on Short-time Working and Short-time Working Allowance
and within the scope of the definition, it is defined as “a situation that does not arise from the employer’s own management and administration
unpredictable and, as a result, impossible to eliminate, temporarily working
external, resulting in a reduction in the duration or a complete or partial cessation of activity
periodic situations arising from impacts, or earthquakes, fires, floods, landslides, epidemics,
situations such as mobilization” are accepted as compelling reasons.
“Epidemic disease”, which is currently defined as a compelling reason and included in the definition
the situation already exists in our country, employers’ decision to carry out short-time working
to take short-time working decisions.
In this context, the employer who decides to carry out short-time working shall be obliged to apply for the relevant Short-Term Working and Short-Term Working Regulations.
In accordance with the Regulation on Allowance, the General Directorate of the Turkish Employment Agency and, if any, collective bargaining
The employer is required to notify the labor union in writing.
In this written notification to be made by the employer, the nature of the compelling reason and its effects on the workplace, the work
requested within the scope of the Regulation on Short-Time Working and Short-Time Working Allowance
information and information on the workers who will be made to work short-time.
If this short-time working application made by the employer is accepted, the short-time working
at the same time, in accordance with the relevant provision of the Law, the unemployment insurance premium payment days of the workers
workers must be entitled to unemployment benefit in terms of the number of unemployed workers. In other words, workers must
those who have been subject to a service contract for the last 120 (one hundred and twenty) days before the date the short-time work started for the last 3
(three) years must have paid unemployment insurance premiums for at least 600 (six hundred) days.
The amount of the daily short-time working allowance is equal to the gross amount of the monthly minimum wage for workers
Not exceeding 150%, taking into account the last 12 (twelve) months’ premium based earnings of the insured
is determined as 60% of the calculated average daily gross earnings.
Unemployment Insurance Law No. 4447 and Regulation on Short-time Working and Short-time Working Allowance
This short-time working allowance defined within the scope of this short-time working allowance not to exceed 3 (three) months by the Turkish Employment Agency
for a period of six (6) months. It is possible to extend this period up to 6 (six) months, but this situation
The Unemployment Insurance Law No. 4447, under which the President has the authority to determine
is taken under the scope of the law.
Termination of the short-time working period for any reason earlier than the end of the period
in the event that the employer decides to resume normal operations and notifies the Turkish Employment Agency and the collective labor organization.
the labor union and the workers 6 (six) working days in advance in writing.
Short-time working ends with the expiry of this notification period.
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